One of the key questions on divorce is whether a clean break can be achieved or whether there is a need for ongoing maintenance. The following questions will be considered:-
- Should there be a clean break?
- Should periodical payments be made and for what amount?
- Should there be an element of compensation?
- How long should the payments continue?
- Can the spouse with limited income increase their capacity to earn in the future?
If there are significant assets, this will usually allow the Court to make a capital division that will serve as a maintenance fund for the spouse on a lower income, thereby achieving a clean break i.e. any maintenance claim will be capitalised.
For many couples however, there are insufficient assets to achieve financial stability without ongoing periodical payments. Therefore, a combination of asset transfer and periodical payments may be the most practical solution.
Our family specialists will consider in each case whether there should be an order for periodical payments or whether a clean break can be achieved.